Deputy U S marshals out of Fort Smith and later both Ft. Smith and Paris, Texas, had 74,000 squares miles to search for the purpose of arresting criminals wanted by the federal courts in Ft. Smith or Paris. Sixty-five marshals were killed while trying to serve arrest warrants in and around Indian Territory. But the deputy marshals usually brought the fugitives in alive. Why?

A deputy marshal could kill a fugitive (legally) only in self defense. If he was forced to kill a man in this way, he received no travel pay or fees of any kind. It was up to him to see that the outlaw was given a proper burial-and he had to pay the costs! The odds were all against the marshal, and the outlaw took advantage of the situation. It is obvious that the Federal Government insisted upon fugitives receiving court justice rather than six-gun justice.

Deputy Marshals were not paid a salary. In addition to the fees, reward money was paid, if posted. The officers were not paid a salary until the practice was abolished on July 1st, 1896, when the marshals were put on annual salaries.

A deputy was paid 6 cents a mile for travel, two dollars for making arrests, and 50 cents for serving subpoena, etc.
Source: from an article written in 1966 by Charles Kelly Jr., Ft. Smith, AR.

Norm, for a time deputies who shot a man trying to "escape" or in self defense were required to bring the body to Ft. Smith at their expense. As you know, by court rule, they were also subject to being charged with manslaughter and tried. The equal protection clause of the constitution was taken seriously by the federal court system and summary justice was not encouraged, altlhough one Oklahoma Territory court instructed the marshal to bring criminals in "alive if possible, dead if necessary."

Norm, many of us "old hands" have discussed in recent years the actual number of deputy marshals who were killed in the IT under Parker's court. I think it is pretty much agreed that when we consider the actual commissioned deputies, their guards, and federal posse the number far exceeds the sixty-five that is geneally circulated.

Dennis Lippe, our treasurer, might have a better estimate of the actual number of federal officers who were killed.

Of course, when you consider after 1883 the other federal courts that had jurisdiction in the IT that number jumps even more.

It's been discussed at length in recent years and still amazes most of us that Oklahoma/IT has been more or less forgotten by the popular media. IT far outshines ALL the other lawless regions in the American West...of course just my opinion...I may be wrong :-)

Thanks Mike and Diron.
For Mike: Was not aware of the return body policy; thanks! Yes, we did discuss those shooting incidents requiring deputies to go before the court. You provided a wealth of information.

For Diron: Yes, I agree with you. Kelly wrote that article back in 1966 and said he obtained his stat's from the historian for the U. S. Government.

When you stop and ponder the history of I. T. it has a unique history that is bigger than life. A hiding place for criminals, deserters, runaways, etc., and little law prevailed.

A land of empty promises and heartbreak for the peoples who had the wrong color of skin. Pushed aside like one would sweep dirt under a rug. Out of sight, out of mind with the importance of I. T. downplayed.

There is an abundance of old west stories here and I am only finding out about a few.

An example is the "Woodworth Lynching". I am finding new information about this incident that will question who was who and what was what and sheds new light on this lynching.

As I am sure you know; researching is not much fun but finding something new is.

Thank you Tower and Diron for the information.

This message has been edited. Last edited by: Norm,

Hey Norm

Gotta disagree with you....the research (or hunt) is what drives most of us on to continue the search. I love the thrill of the chase. Finding new info (for me anyway) is just icing on the cake. The actual research generally tends to reinforce my knowledge in a given area.

Have a great day

I guess you are right Diron. While it can be time consuming, travel involved, heat rash, winter chills, insects, snakes, etc. is part of an adventurous game.
Ok, I retract my research not being fun statement and change it to adventurous and challenging. And, that it is. It's detective work and it gets in your blood. But the find still gives me a lift, like finding the golden egg laid by the goose!
Appreciate your help.

I have to agree with Diron the chase is the thing, the new information is merely a new spoor for the next venture. The real bugaboo is marketing should you want to get your research to a wider audience. It's messy like the skinning and processing of game after a hunt. I absolutely hate it. Don't mind going places and meeting folks, enjoy that, but I've never been good at selling things.

It is messy but necessary. Who else but those willing to get messy would keep the histoties of things alive?

These folks about who discuss were a different breed of people. I personally know about these things having heard family legends and coming from a family of Eastern Oklahoma folks.

The way these folks did was business was tough, never should have been a fee system, the Marshals who actually went astray will never be known but they were many.

They used 6 gun justice without doubt, look at the numbers of Marshals charged with murder and assault.

My gr gr uncle, Sam Wingo was one-murder, assault, escape, performed honorable service while at the same time ended up with the Dalton gang. Ha, he even shot his own brother, Ed Wingo who himself was a Marshal.

Violence was a way of life, the 6 gun was the way of escalating the violence to win the situation.